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Author Topic: 1996 Obama Supported Gay Marriage 'Unequivocally'  (Read 12256 times)
Jimmie
jamespol
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« Reply #25 on: January 26, 2009, 02:52:12 pm »

What can he do about it anyway? Gay marriage is not a federal issue.

Appoint judges who support "gay marriage," and who are just as lawless as most of the past half-century's jurists.

This is not really a response to you, but more of a semi-related question to you  that I'm asking since you're much more of a legal mind than I.

Doesn't the Constitution require that marriages from one state be recognized by all the others? Shouldn't it then be the Supreme Court's responsibility to ensure that gay marriages and civil unions from MA, VT, etc be recognized in all other states?

His answer to the question will be:

No, not in the case of gay marriage.
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Brittain33
brittain33
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« Reply #26 on: January 26, 2009, 03:05:22 pm »

Doesn't the Constitution require that marriages from one state be recognized by all the others? Shouldn't it then be the Supreme Court's responsibility to ensure that gay marriages and civil unions from MA, VT, etc be recognized in all other states?

The answer is "sort of yes, but no group will dare argue for it because it would lead to a DOMA amendment to the constitution if we even win in the Supreme Court."
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Eraserhead
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« Reply #27 on: January 26, 2009, 09:51:08 pm »

jamespol for Attorney General
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Update lives again on Atlas After Dark. PM me for info.
A18
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« Reply #28 on: February 14, 2009, 07:12:49 pm »

This is not really a response to you, but more of a semi-related question to you  that I'm asking since you're much more of a legal mind than I.

Doesn't the Constitution require that marriages from one state be recognized by all the others? Shouldn't it then be the Supreme Court's responsibility to ensure that gay marriages and civil unions from MA, VT, etc be recognized in all other states?

Even as a matter of contemporary jurisprudence, the Constitution does not require that. I previously addressed this (surprisingly popular) legend in an earlier post. I think it adequately answers your question. Accord Patrick J. Borchers, The Essential Irrelevance of the Full Faith and Credit Clause to the Same-Sex Marriage Debate, 38 Creighton L. Rev. 353 (2005).

The original meaning of the clause is even more minimalist: The evidence indicates that the first sentence was a purely evidentiary command. For a lengthy analysis of the historical materials, see Ralph U. Whitten, The Original Understanding of the Full Faith and Credit Clause and the Defense of Marriage Act, 32 Creighton L. Rev. 255 (1998).
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phk
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« Reply #29 on: July 02, 2009, 05:03:02 pm »

jamespol for Attorney General
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Alcon
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« Reply #30 on: July 03, 2009, 12:50:16 am »

phknrocket, cut it out or I'll bring this annoying habit up in the Mod Forum.  thank you
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n/c
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